HomeMy WebLinkAboutS-1280-M-1 Staff AnalyisiJuly 23, 2009
ITEM NO.: A FILE NO: S-1280-M
NAME: Valley Falls Estates Collector Street Deferral
LOCATION: East side of Valley Falls Estates abutting Lots 13A — 13D and
Lots 14 - 18
OWNER/APPLICANT: Rick Ferguson
APPLICANT'S
REPRESENTATIVE: White-Daters & Associates, Inc.
PROPOSAL: A five (5) year deferral of construction of one-half of a Collector
Street on the east side of Valley Falls Estates Subdivision
A. PROPOSADREQUEST
On June 20, 2000, Ordinance No. 18,299 was approved by the Board of
Directors for a deferral of construction of one half of the proposed collector street
adjacent to the east property line of Valley Falls Estates Subdivision as shown on
the Master Street Plan. The ordinance specifically deferred construction for a
period of 5 years or until abutting street improvements are constructed,
whichever occurs first. The ordinance defined the one-half improvements to
consist of 12 ft. of pavement and an 8 ft. shoulder measured from centerline of
the proposed right-of-way with sidewalk and open ditch.
With this application, the applicant is requesting an additional 5-year deferral of
the one half street improvements for the collector street on the eastside of Valley
Falls Estates Subdivision. The subject collector street will tie into LaMarche
Drive at the south property line as shown on the Master Street Plan to eventually
connect into Taylor Loop Road.
The applicant's reasoning for requesting an additional deferral is due to right-of-
way and financing are not in place to make the connection to Taylor Loop Road.
The applicant also states this section of street would be unusable until right-of-
way and funds are available for the remaining portion of the street to Taylor Loop
Road.
B. EXISTING CONDITIONS:
Four (4) properties are located to the east of the subject property and zoned R-2.
These properties today take access from Carter Lane. Two (2) of the properties
have residences built on the western half of the properties and two (2) of the
properties have residences built on the eastern half of the properties closer to
July 23, 2009
SUBDIVISION
ITEM NO.: A (Cont.
FILE NO.: S-1
Carter Lane. The future right-of-way for LaMarche Drive will consist of the
western 35 ft. of the four (4) properties.
Four (4) properties are located adjacent to the north of the subject property and
zoned R-2. One (1) of the properties is owned by the applicant. Four (4)
properties exist where the future right-of-way of LaMarche Drive will be located
north of Valley Falls Estates to Taylor Loop Road. Two (2) of the four (4)
properties are owned by the applicant.
To the west are several larger properties each about 3 acres or larger zoned R-2
which should not be affected by this application.
To the south is a Chenal Valley subdivision zoned R-2. As part of this
subdivision, Deltic is currently constructing LaMarche Drive to the south property
line of Valley Falls Estates.
C. NEIGHBORHOOD COMMENTS:
As of this writing, staff has received comments from Deltic Timber Corp.
opposing the approval of the 5-year deferral.
D. ENGINEERING COMMENTS:
Public Works Conditions:
1. Ordinance #15,594, approved on December 8, 1988 set the original design
for LaMarche Drive. Ordinance #18,562 approved by the Board of Directors
on September 18, 2001 amended the Master Street Plan to connect Taylor
Loop Road at Lucky Lane to La Marche Drive. Ordinance #15,594 required
the future street to have a 70 ft. right-of-way; 2 - 12 ft travel lanes; and 2 - 8 ft.
paved shoulders with open ditches. Ordinance #18,299 adopted on June 20,
2000 deferred the one half street construction to LaMarche Drive for 5 years
or until abutting street improvements are constructed, whichever occurs first.
The ordinance continues and states the specific deferral is for one half street
widening to 12 ft. of pavement and 8 ft. of shoulder from centerline, with
sidewalk per Ordinance #15,594.
2. Has the right-of-way for the future street been dedicated to the City of Little
Rock?
3. Staff recommends the deferral of the future street adjacent to Valley Falls
Estates for 5 year or until adjacent development occurs. The future street
should be constructed to collector street standards as shown on the Master
Street Plan.
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July 23, 2009
SUBDIVISION
ITEM NO.: A Cont. FILE NO.: S-1280-M
E. SUBDIVISION COMMITTEE COMMENT: (November 20, 2008)
Mr. Joe White of White-Daters and Associates was present representing the
applicant. The item was explained to the commissioners and no questions were
asked of Mr. White.
F. ANALYSIS:
The original deferral Ordinance # 18,299 was approved in 2000 for dedication of
right-of-way and the construction of the one half street improvements along the
east property line of Valley Falls Estates. The improvements were deferred for
5 years or until abutting street improvements are constructed, whichever occurs
first. Per Ordinance # 15,594, the one half street improvements are to be 12 ft.
of pavement with 8 ft. paved shoulders from centerline, with sidewalk. The
required right-of-way dedication is for one half of a 70 ft. right-of-way.
The deferred street improvements will connect into LaMarche Drive which is
currently being constructed to the south property line of Valley Falls Estates
Subdivision. Per the Master Street Plan, LaMarche Drive is a collector street
which will eventually connect into Taylor Loop Road near Lucky Lane just south
of the new Little Rock Public School currently under construction.
The original deferral ordinance does not contain the conditions which are placed
in the current deferral ordinances for residential subdivisions. Besides the time
periods for construction being 5 years or until adjacent street development, the
current deferral ordinances are also conditioned on the platting of a particular
phase of lots in the subdivision. Usually the phase is not the last phase planned
for development. Unlike commercial subdivisions, where the developer usually
owns lots or buildings in the subdivision, in residential subdivisions the developer
has less responsibility or ownership when the lots are sold and homes
constructed.
The improvements will consist of constructing one half of LaMarche Drive from
the south property line to the north property line of Valley Falls Estates
Subdivision. This one half street will be constructed for approximately 1300 ft.
and end at a pond and wooded area. From the north property line of Valley Falls
Estates an additional 1000 ft. of street is still needed to be constructed to connect
into Taylor Loop Road. The approved preliminary plat for Valley Falls Estates
shows no vehicle access to be taken from LaMarche Drive. The plat does show
an emergency only access. This access will not be accessible by emergency
vehicles until the completion of construction of Valley Creek View and Vista
Ridge Court in Valley Falls Estates. With this being the case, staff believes this
additional 1300 ft. of half street improvements does nothing to improve the safety
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July 23, 2009
SUBDIVISION
ITEM NO.: A(Cont.)FILE NO.: S-1280-M
and access to Valley Falls Estates, adjacent properties, and the subdivisions to
the south.
The four (4) properties to the east of Val[ey Falls Estates are zoned R2. Two (2)
of the properties have dedicated right-of-way for the LaMarche Drive and two (2)
properties have not. At this time, none of these properties have an obligation to
construct one half street improvements to the eastern half of LaMarche Drive.
With this being the case, staff believes at least 20 ft. of asphalt pavement should
be constructed adjacent to Valley Falls Estates as required by
Ordinance #15,594 which was referenced in the Valley Falls Estates deferral
ordinance. This 20 ft. of pavement will allow for two-way traffic if the connection
is made to Taylor Loop Road in the future and allow access for emergency
vehicles to Valley Falls Estates when the interior streets referenced above are
completed. These improvements can be made by shifting the centerline of the
street to the west away from the centerline of the proposed 70 ft. right-of-way.
G. STAFF RECOMMENDATION:
Staff recommends approval of the request for an additional deferral of the one
half street improvements to LaMarche Drive adjacent to Valley Falls Estates
Subdivision. Staff believes the deferral should be approved with the following
conditions. The conditions are: 35 ft. of right-of-way shall be dedicated for the
entire length of the property within 30 days of the adoption of the deferral
ordinance; the deferral is for 5 years, or until future platting of any lot east of the
existing platted lots, or until abutting street construction occurs to the north or
east adjacent to Valley Falls Estates, whichever occurs first. Specifically, the one
half street improvements will consist of constructing curb and gutter, 20 ft. of
asphalt pavement, stormwater drainage improvements, streetlights, and sidewalk
at the property line. With this construction the centerline of the street can be
shifted to allow for these improvements.
PLANNING COMMISSION ACTION: (DECEMBER 18, 2008)
The applicant was present. There were registered objectors present. Chairman Taylor
stated when there were eight (8) or fewer Commissioners present the practice of the
Commission had been to allow the applicant the option of deferral of an item to a
subsequent meeting. He questioned if the applicant desired a deferral of the item to the
February 5, 2009, public hearing. Mr. Joe White stated his desire was to defer the item
to the February 5, 2009, public hearing.
There was no further discussion of the item. The chair entertained a motion of approval
of the item for deferral to the February 5, 2009, public hearing. The motion carried by a
vote of 6 ayes, 0 noes, 2 absent and 3 open positions.
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July 23, 2009
SUBDIVISION
ITEM NO.: A Cont. FILE NO.: S-1280-M
STAFF UPDATE:
There has been no change to this application request since the previous public hearing.
Staff continues to support the deferral request.
PLANNING COMMISSION ACTION: (FEBRUARY 5, 2009)
The applicant's representatives were present. There were no registered objectors
present. Commissioner Yates stated as allowed by the Commission's By-laws he was
requesting the item be deferred to the March 19, 2009, public hearing.
A motion was made to approve the deferral request. The motion carried by a vote of
10 ayes, 0 noes and 1 absent.
Chairman Taylor stated he was appointing a committee to review possible alternative
solutions to the item. Chairman Taylor appointed Commissioners Laha, Rector and
Yates to the committee. Chairman Taylor stated the committee would report their
findings to the Commission at the March 19, 2009, public hearing.
STAFF UPDATE:
The Special Committee of the Planning Commission has met twice to consider
alternatives and options with regard to the deferral request including the owner
dedicating the full width of the right of way along the eastern boundary of Valley Falls
Estates and through property owned by the applicant to the north to make the
connection to the western leg of Taylor Loop Road. The Special Committee has
instructed staff to hire an appraiser to determine fair market value of the right of way.
Staff and the owner's representative are to also compute a cost estimate for the street
construction currently required of the developer. The Special Committee recommends
this item be deferred to the April 30, 2009, public hearing.
PLANNING COMMISSION ACTION: (MARCH 19, 2009)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the Special Committee of the Planning Commission had met
twice to consider alternatives and options with regard to the deferral request including
the owner dedicating the full width of the right of way along the eastern boundary of
Valley Falls Estates and through property owned by the applicant to the north to make
the connection to the western leg of Taylor Loop Road. Staff stated the applicant had
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SUBDIVISION
ITEM NO.: A Cont. FILE NO.: S-1280-M
provided a letter agreeing in principle to such an alternative, contingent on an
acceptable final agreement. Staff stated on that basis the Special Committee had
instructed staff to hire an appraiser to determine fair market value of the right of way.
Staff stated they and the owner's representative were to also compute a cost estimate
for the street construction currently required of the developer. Staff presented a
recommendation of deferral of the item to the April 30, 2009, public hearing.
There was no further discussion of the item. The Chair entertained a motion for deferral
of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and
2 absent.
AFF UPDATE:
On June 20, 2000, the City of Little Rock Board of Directors approved Ordinance No.
18,299 for Valley Falls Estates Subdivision, a deferral for a period of five (5) years or
until abutting street improvements are constructed, whichever occurs first of
constructing half street improvements to La Marche Drive as required by the Master
Street Plan along the 1320 linear feet of frontage of their property. On the Master Street
Plan, La Marche Drive is classified as a collector street having a 60 ft right-of-way,
36 feet of pavement from back of curb to back of curb and sidewalk on one (1) side.
Due to the elapsed deferral period and the recent completion of construction of
La Marche Drive to the south property line of Valley Falls Estates Subdivision, another
five (5) year deferral of half street construction was requested. The reason for the
request was due to the fact that Valley Falls Estates does not take access to La Marche
Drive; at this time no other properties will take access; only half of the street would be
constructed; and with the required construction, La Marche Drive would stop about
1000 feet south of Taylor Loop Road.
With these issues being raised a Special Subcommittee of the Planning Commission
was assembled to look further into this application and develop a recommendation. The
Special Subcommittee met on two (2) separate occasions with staff, the applicant, and
a representative of Deltic Timber who owns property to the south. Many issues were
discussed. Reviewing ownership of adjacent properties, it was discovered the applicant
owns property to Taylor Loop Road. Based on this information, the Subcommittee felt it
was much more important to obtain right-of-way to Taylor Loop Road than to construct
half of a street that would have no public traffic and would serve as an emergency fire
entrance to Valley Falls Estates Subdivision in the future when it is further developed to
the east.
After reaching a conceptual agreement with the applicant, the Special Subcommittee
requested staff to appraise the value of the property within a 60 ft right-of-way from the
recently constructed La Marche Drive to Taylor Loop Road for a length of about
2320 linear feet and to work with the applicant and develop a cost estimate for
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SUBDIVISION
ITEM NO.: A (ContJ FILE NO.: S-1280-M
construction of the required 1,320 linear feet of half street improvements across the
Valley Falls Estates Subdivision frontage.
The appraisal resulted in a value of $177,421.05 for 93,379.5 square feet of property
from the recently constructed La Marche Drive to Taylor Loop Road. The total square
footage consists of 1320 linear feet of property at a width of 30 feet and 1000 linear feet
of property at a width of 60 feet. The 30 feet wide area considers a preliminary plat
requirement of Valley Falls Estates Subdivision to dedicate half of the right-of-way with
construction of the street or platting of the adjacent lots.
It was decided after analysis of the cost to construct 1320 linear feet of half of
La Marche Drive adjacent to Valley Falls Estates Subdivision; the cost would be
approximately $175,353. Considering a difference of about $2000 and reaching
agreement among the Special Subcommittee members, the applicant, and staff, the
Special Subcommittee believed it was in the best interest of the City of Little Rock,
adjacent property owners, and further development of the street infrastructure in this
area to recommend to the full Planning Commission for approval of the dedication of a
total of a 60 foot right-of-way from the recently constructed La Marche Drive to Taylor
Loop Road in lieu of construction of half of La Marche Drive adjacent to Valley Falls
Estates Subdivision.
PLANNING COMMISSION ACTION: (APRIL 30, 2009)
The applicant was present. There were no registered objectors present. Staff
presented a recommendation of deferral of the item to the June 11, 2009, public hearing
to allow staff time to review an agreement submitted by the applicant's attorney outlining
the terms of the agreement with regard to the right of way dedication and street
construction requirements for the property located along the eastern boundary of Valley
Falls Estates Subdivision and the right of way dedication and street construction
requirements for the property located to the north of Valley Falls Estates Subdivision
owned by Mr. and Ms. Ferguson.
There was no further discussion of the item. The chair entertained a motion for
placement of the item on the consent agenda for deferral as recommended by staff.
The motion carried by a vote of 9 ayes, 0 noes and 2 absent.
STAFF UPDATE:
The Special Committee, staff and the applicant have met and determined additional
appraisals are necessary to fully review the cost of acquisition of the land and to
determine the total cost of street construction of the roadway segment adjacent to the
applicant's property. Staff has contacted the appraiser concerning this additional work.
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July 23, 2009
SUBDIVISION
ITEM NO.: A Cont. FILE NO.: S-1280-M
The appraiser is in the process of preparing a cost and a scope of work to complete the
task. Staff recommends this item be deferred to the July 23, 2009, public hearing to
allow the contract to be executed with the appraiser and to allow time for the appraiser
to complete the scope of work. After completion of the scope of work the Special
Committee, staff and the applicant will meet to review the final numbers and possibly
reach an agreement for the future street construction.
PLANNING COMMISSION ACTION: (JUNE 11, 2009)
The applicant was present. There were no registered objectors present. Staff
presented the item stating the Special Committee, staff and the applicant had met and
determined additional appraisals were necessary to fully review the cost of acquisition
of the land and to determine the total cost of street construction of the roadway segment
adjacent to the applicant's property. Staff stated they had contacted an appraiser
concerning the additional work. Staff stated the appraiser was in the process of
preparing a cost and a scope of work to complete the task. Staff presented a
recommendation the item be deferred to the July 23, 2009, public hearing to allow the
contract to be executed with the appraiser and to allow time for the appraiser to
complete the scope of work. Staff stated after completion of the scope of work the
Special Committee, staff and the applicant would meet to review the final numbers and
possibly reach an agreement for the future street construction.
There was no further discussion of the item. The Chair entertained a motion for
placement of the item on the Consent Agenda for deferral. The motion carried by a vote
of 9 ayes, 0 noes and 2 absent.
AFF UPDATE:
As previously stated a Subcommittee was appointed by the Planning Commission to
work with staff and the applicant to reach an outcome acceptable to all parties. The
Subcommittee believed the construction of half of a street adjacent to Valley Falls
Estates would not serve a purpose since it would extend to the north property line of
Valley Falls Estates and then end. The street would not be used and would not improve
access because it did not connect into Taylor Loop Road and neither Valley Falls
Estates nor the properties to the east take access. It is believed this portion of street
would be used for dumping and other undesirable activities.
The Subcommittee believed it was important to take steps to assure LaMarche Drive is
continued to Taylor Loop Road to allow a secondary access to the residential
subdivisions along LaMarche Drive. The Subcommittee desired to avoid the possibility
of the discontinuance of LaMarche Drive to Taylor Loop Road similar to Evergreen
Drive to Reservoir Road west of Mississippi Avenue.
July 23, 2009
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1280
During the process, it was learned the applicant owns properties north of Valley Falls
Estates to Taylor Loop Road in addition to Valley Falls Estates. Considering this
ownership, the Subcommittee examined moving the entire 60 feet right-of-way for the
future street west of the Valley Falls Estates east property line and continuing it north to
Taylor Loop Road. To expand on this idea, staff was asked to appraise the value of
properties within the area 60 feet west of the Valley Falls Estates east property line and
continuing north to Taylor Loop Road referred to as the west 60 feet. This did not
include the 30 feet of right-of-way adjacent to Valley Falls Estates east property that the
applicant is required to dedicate as a condition of the preliminary platting of the
subdivision. Staff was also asked to appraise the value of properties within an area 30
feet east of the Valley Falls Estates east property line and continuing north to Taylor
Loop Road referred to as the east 30 feet. The total distance from the existing
LaMarche Drive to Taylor Loop Road is approximately 2300 ft.
The appraised value of the west 60 feet properties except for the 30 ft right-of-way
adjacent to Valley Falls Estates that is required to be dedicated was $177,000. The
appraised value of the east 30 feet properties was $252,000. The construction of the
western half of LaMarche Drive in its current alignment as required by Ordinance
#18,299 was estimated by the applicant's engineer to cost $155,000.
The west 60 feet area would be the location of the right-of-way of the future LaMarche
Drive from the existing constructed LaMarche Drive to Taylor Loop Road. The east 30
feet area consists of existing single family zoned properties which are not believed to be
redeveloped or rezoned anytime in the future. These properties today take access from
Carter Lane. With this in mind, the east 30 feet area would probably be required to be
purchased by the City of Little Rock before LaMarche Drive could be constructed to
Taylor Loop Road. This would include purchasing the properties along with three (3)
residential structures and encroaching onto other existing residential structures.
Following are the advantages and disadvantages of maintaining the current alignment
of the LaMarche Drive right-of-way and advantages and disadvantages of moving the
right-of-way 60 feet to the west as prepared by the Planning Commission
Subcommittee:
Completion of LaMarche Drive from its current northern terminus to Taylor Loop
Road.
Current situation:
Valley Falls Estates (VFE) developer is obligated to construct the west '/z of
LaMarche Drive from its current north terminus to the north line of the VFE
development.
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July 23, 2009
SUBDIVISION
NO.: A (Cont.
FILE NO.: S-1280-M
• Advantages to City: '/2 of road constructed at no cost to City
• Advantages to developer: None (VFE will not access LaMarche Drive)
• Advantages to neighbors: None
• Disadvantages to City:
o Only '/z of road built and it would lead to a dead end
o Typical City experience is that this dead end '/2 street will attract
undesirable activity (loitering, loud noises) causing complaints from
neighbors.
o Constructed '/2 street will likely not be maintained and will deteriorate
awaiting construction of the rest of LaMarche Drive between current
north terminus and Taylor Loop.
o It is unlikely that the ROW for east '/2 will be dedicated any time in the
foreseeable future since the property adjacent on the east is likely to
continue to be used as large tract single-family.
o ROW for LaMarche Drive north of Valley Falls Estates is also not
currently dedicated. The west '/2 may be dedicated in the reasonably
near term future as it is on property owned by the VFE developer who
is holding it for future development. The east '/2 of this portion is as
unlikely to be developed as the large tract single-family land to the
south.
o ROW for east '/2 for the entire length will have to be condemned
o The condemnation process will likely be drawn out and expensive both
in terms of money (for acquisition and legal costs) and staff resources
■ Disadvantages to Developer:
o Same problems as other neighbors cited above
o Cost of construction
■ Disadvantages to neighbors:
o Suffer condemnation of part of their property against their will
o Costs to prosecute legal action
o Street constructed closer to houses
o Certain improvements (guesthouse, pool, etc) will be destroyed
o Property devalued as a result of all of above
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July 23, 2009
SUBDIVISION
ITEM NO.: A (Cont.) FILE NO.: S-1280-M
Proposal crafted by the Committee and developer:
• Valley Falls Developer would dedicate the entire ROW (both halves) for
LaMarche Drive between its present northern terminus and Taylor Loop
Road. City will construct LaMarche Drive as resources become available.
i If Developer elects to develop his property between VFE and Taylor Loop
prior to construction of LaMarche Drive by City, Developer will still be
obligated for the cost of developing'/2 of LaMarche Drive north of VFE.
Advantages to City:
o City would be in control of the entire ROW needed to construct
LaMarche Drive to connect it from its current north terminus and Taylor
Loop Road.
o ROW would be obtained at no cost to the City
o There would be no need to acquire property for the east '/2 of the
ROW, thus avoiding a likely messy and expensive condemnation
process
o City will not be forced to police a likely loitering spot
o Street improvements will not be constructed until the total project can
be accomplished and maintained
a Advantages to Developer:
o No construction expense unless developer elects to develop the northern
tract prior to the construction of LaMarche Drive by the City
o No loitering spot behind VFE
9 Advantages to neighbors:
o No condemnation of part of their property
o No destruction of guesthouses, pools, etc
o No loitering behind their houses
The Subcommittee believes the applicant dedicating 60 feet of right-of-way from
the existing LaMarche Drive to Taylor Loop Road in exchange for not being
required to construct one half of LaMarche Drive adjacent to Valley Falls Estates
would be advantageous to all interested parties. The Subcommittee believes
when funds are available, LaMarche Drive can be constructed by the City. The
Subcommittee also believes if development occurs on properties adjacent to the
60 feet right-of-way except the platting of future lots within the existing Valley
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July 23, 2009
SUBDIVISION
ITEM NO.: A Cont. FILE NO.: S-1280-M
Falls Estates Subdivision prior to the City constructing LaMarche Drive, those
developments or property owners will be required to construct one half of
LaMarche Drive adjacent to their property as required by the Boundary Street
Ordinance.
Staff and the Planning Commission Subcommittee recommends the applicant,
Mr. Rick Ferguson and/or Valley Falls Estates Subdivision to dedicate a 60 foot
wide right-of-way to the City from the existing LaMarche Drive to Taylor Loop
Road and the City will no longer require one half of LaMarche Drive on the east
property line of Valley Falls Estates to be constructed by Mr. Ferguson and/or
Valley Falls Estates Subdivision as required by the City approval of the Valley
Falls Estates Subdivision preliminary plat. Staff and the Subcommittee also
recommends if development occurs on properties adjacent to the 60 foot right-cf-
way except the platting of future lots within the existing Valley Falls Estates
Subdivision prior to the City constructing LaMarche Drive, those developments or
property owners will be required to construct one half of LaMarche Drive adjacent
to their property as required by the Boundary Street Ordinance.
PLANNING COMMISSION ACTION: (JULY 23, 2009)
Mr. Joe White of White Daters and Mr. Hal Kemp, Attorney of Law, were present
representing the owner. There were no registered objectors present. Staff introduced
the item. Chairman Taylor then called upon Vice -Chairman Jeff Yates to provide a
Subcommittee Report and the Special Committee's recommendation for the LaMarche
Drive Extension. Vice -Chairman Yates stated the Committee was appointed by
Chairman Taylor to review alternatives for building the Boundary Street Ordinance
requirement along the eastern boundary of the Valley Falls Estates Subdivision and
provide a recommendation to the full Commission. He stated Valley Falls Estates had
applied for a five year deferral of the Master Street Plan Improvements required under
the Boundary Street Ordinance that applied to a 2000 approval of the preliminary plat
for Valley Falls Estates. He stated the street construction would not result in a full width
street or a connection to Taylor Loop Road. He stated the right of way necessary for a
full width street would have to come from residences that face Carter Lane.
Vice -Chairman Yates stated ordinary application of the Boundary Street Ordinance
would likely result in a half street being built half -way to Taylor Loop Road and no
additional street construction for some time. He stated it would also result in the high
probability that the City would have to condemn thirty feet of property from homes along
Carter Lane and Taylor Loop Road. He stated in the right of way needed from this area
were two houses, one pool house and several other home improvements.
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July 23, 2009
SUBDIVISION
ITEM NO.: A (Cont.) _ FILE NO.: S-1280-M
Vice -Chairman Yates stated the Special Committee had a series of meetings with
Public Works, Planning and Development, the owner and his representatives. He
stated during the review process it was determined the applicant was the owner of
property located to the north of the current Valley Falls Estates Subdivision which would
allow the extension of LaMarche Drive from the current terminus to Taylor Loop Road.
Vice -Chairman Yates stated at the request of the Special Committee and concurrent
with the meetings, staff obtained appraisals of values for property consisting of the full
right of way coming from the property owned by the Applicant and of property necessary
from adjoining Carter Lane property owners to the east necessary under ordinary
application of the Boundary Street Ordinance. Vice -Chairman Yates stated the
appraisal amounts were $177,000 for right of way from the applicant and $252,000 for
right of way from Cater Lane property owners.
Vice -Chairman Yates stated the negotiated solution proposed by the Special Committee
was that the applicant would dedicated a sixty foot right of way the full length of the
applicant's south ownership and the full length of the north ownership resulting in the
right of way provided to the City would be the full width necessary to construct
LaMarche Drive to a collector street standard from the current terminus to Taylor Loop
Road.
Vice -Chairman Yates stated as part of the negotiated solution, the current subdivision
would be exempt from half -street improvements required under the Boundary Street
Ordinance. He stated all other properties bordering LaMarche Drive would continue to
be subject to the Boundary Street Ordinance requirements for street construction but
not right of way dedication.
Vice -Chairman Yates stated the solution proposed by the Special Committee provided
the following:
• Guarantees the right of way necessary for LaMarche Drive
• Saves the City from condemnation and eminent domain proceedings for homes
on Carter Lane and Taylor Loop Road
• Increased the likelihood that LaMarche Drive would be constructed to full width
and avoided the possibility of another situation like the west terminus of
Evergreen Drive
• Created much increased likelihood that LaMarche Drive would be built in the
near future instead of distant future or not at all and
• Saved the City the cost of purchasing the Carter Lane and Taylor Loop Road
properties and the additional cost of eminent domain law suits likely resulting
from the Carter Lane and Taylor Loop Road acquisitions
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July 23, 2009
SUBDIVISION
NO.: A (Cont.) FILE NO.: S-1280-M
Vice -Chairman Yates stated the Special Committee recommended the negotiated
solution because it was good for the City, good for the citizens of the City, good for the
residents of Carter Land and agreeable to the applicant.
Commissioner Rector read into the record five agreed upon points between the Special
Committee and the property owner. The points are as follows:
1. Ferguson and VFE, Inc. (the property owner) agree to donate 60 feet of
right of way for the LaMarche Drive Extension across the VFE Tract and
across the North Tract.
2. The City forever releases VFE, Inc. from the requirement to construct
half street improvements on the VFE Tract.
3. The City, at its expense and at its sole discretion, agrees to build the
LaMarche Drive Extension from Taylor Loop through the North Tract and
the VFE Tract to its intersection with LaMarche Drive as presently
constructed, subject to Items 4 and 5 below.
4. With regard to the North Tract, Mr. Ferguson agrees that if he or
his successor in title to the North Tract seeks to develop the North Tract
before the City has actually built the LaMarche Extension through the
North Tract, then the Developer of the North Tract shall, at its sole
expense, build that portion of the half street improvements on the North
Tract not then constructed and thereby relieve the City from so doing. It is
recognized by all parties that the Developer may seek to negotiate to build
some portion of the full street improvements rather than entire'/2 street.
5. Assuming that a final plat of Valley Falls Estates submitted to the City
complies with all of the City requirements other than the construction of
the LaMarche Extension, the City agrees to approve such final plat, even
though the LaMarche Extension improvements may not have been
constructed by the City at the time of such final plat approval.
Commissioner Rector questioned staff as to their position on the request. Staff stated
they felt the agreement was a workable agreement and they were in support of the
Special Committee's recommendation.
Chairman Taylor called Mr. Kemp to the podium to provide any additional information.
Mr. Kemp stated his client endorsed the agreement. He stated he felt the Special
Committee had provided an innovative approach and he commended the Special
Committee and the Commission and felt this solution should be used in the future to
reach resolution to conflict.
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July 23, 2009
SUBDIVISION
ITEM NO.: A Cont. FILE NO.: S-1280-M
Mr. John Burnett addressed the Commission in support. He stated he owned property
on Carter Lane and he and the other property owners were in full support of the Special
Committee's recommendation.
Mr. Bill Spivey addressed the Commission. He stated he represented the Chenal Valley
Multi -purpose Special Improvement District #14. He stated the goal of the District was
for LaMarche Drive to be extended northward to connect with Taylor Loop Road. He
stated prior to the Improvement District constructing their last section of LaMarche Drive
to the current terminus he had contacted Public Works staff to determine what triggers
were in place for extending LaMarche Drive further northward. Mr. Spivey stated he felt
the Special Committee's recommendation and the developer's willingness to work with
the City was the kind of cooperation needed to find solutions which were fair and
equitable. He thanked the Special Committee for their work and stated this was how
things should to work between the City and developers. -
There was no further discussion of the item. The chair entertained a motion for
approval of the Special Committee's recommendation. The motion carried by a vote of
9 ayes, 0 noes and 2 absent.
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